§ 200.4 Rule, regulation, and order.

The terms "rule", "regulation", and "order" refer to the rules, regulations, and orders prescribed by the Board pursuant to the act.

§ 200.5 Other terms.

The terms "this section", "pursuant to this section", "in accordance with the provisions of this section", and words of similar import when used in this chapter refer to the section of this subchapter in which such terms appear.

§ 200.6 Terms defined by act.

Unless otherwise specifically stated, other words and phrases have the meaning defined in the act.

The regulations of the Board may be cited by section numbers. For example, this regulation may be cited as § 200.7 of the "Economic Regulations." The sections contained in the Rules of Practice under title IV and sections 1022 (d) to (i) of the act, may also be cited by appropriate rule numbers. For example, section 10 may be cited as "rule 10 of the Rules of Practice." In each case in which a rule, regulation, order, or other document of the Board refers to a regulation or a rule of practice of the Board by means of the numbering system used prior to the adoption of section numbers, such reference shall be deemed to relate to the appropriate new section number of this subchapter.

§ 200.8 Supplemental air carrier.

Unless the context otherwise requires, the term "supplemental air carrier" as used in existing or future regulations and orders of the Board includes persons holding operating authority conferred upon them by section 8(a) of Public Law 87-528 of July 10, 1962; persons holding operating authority conferred upon them by the Board pursuant to section 7 (a), (b), or (c), of said Public Law 87-528; and persons holding certificate authority conferred upon them by the Board pursuant to section 401(d) (3) of the Federal Aviation Act of 1958, as amended. These persons shall also be deemed included in the term "air carrier" where that term, in the context, includes supplemental air carriers. (Secs. 401, 403, 404, 407, 408, 409, 411, 412, 413, 414, 415, 416, 417, 1002(1), 72 Stat. 754, 758, 760, 766, 767, 768, 769, 770, 771, 788;

secs. 7 and 8, 76 Stat. 146, 147; 49 U.S.C. 1371, 1373, 1374, 1377, 1378, 1379, 1381, 1382, 1383, 1384, 1385, 1387, 1482) [ER-359, 27 F.R. 7983, Aug. 10, 1962]

PART 201-APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY

Sec.

201.1 Formal requirements. 201.2 Amendments.

201.3 Incorporation by reference.

201.4 General provisions concerning con

tents.

201.5 Operations other than between fixed points.

AUTHORITY: The provisions of this Part 201 issued under secs. 204, 401, 72 Stat. 743, 754; 49 U.S.C. 1324, 1371, unless otherwise noted.

SOURCE: The provisions of this Part 201 contained in ER-146, 14 F.R. 3524, June 29, 1949, unless otherwise noted.

§ 201.1

Formal requirements.

Applications for certificates of public convenience and necessity, or amendments thereof, shall meet the requirements set forth in Part 302 of this chapter as to execution, number of copies, service, and formal specifications of papers. All pages of an application shall be consecutively numbered, and the application shall clearly describe and identify each exhibit by a separate number or symbol. All exhibits shall be deemed to constitute a part of the application to which they are attached.

NOTE: Special requirements for application for extension of a fixed-term route authorization granted by exemption pending disposition of an application for a certificate incorporating such authorization, are set forth in § 302.909 of this chapter (Procedural Regulations). See also § 377.10(c) of this chapter (Special Regulations).

(Secs. 416(b), 72 Stat. 771; 49 U.S.C. 1386; sec. 9(b), 60 Stat. 242; 5 U.S.C. 1008) [ER378, 28 F.R. 3585, Apr. 12, 1963; ER-550, 33 F.R. 18434, Dec. 12, 1968]

§ 201.3 Incorporation by reference.

In general it is desirable that incorporation by reference shall be avoided. However, where two or more applications are filed by a single carrier, lengthy exhibits or other documents attached to one may be incorporated in the others by reference if that procedure will substantially reduce the cost to the applicant.

§ 201.4 General provisions concerning

contents.

(a) The statements contained in an application shall be restricted to significant and relevant facts. They shall be free from argumentation or from expressions of opinions, except such as may be required by this part.

(b) Requests for authority to engage in interstate air transportation shall not be included in the same application with requests for authority to engage in foreign or overseas air transportation. Similarly, requests for authority to engage in scheduled air transportation shall not be included in the same application with requests for authority to engage in nonscheduled air transportation.

(c) Each application shall give full and adequate information with respect to each of the items set forth in this paragraph. In addition, the application may contain such other information and data as the applicant shall deem necessary or appropriate in order to acquaint the Board fully with the particular circumstances of its case. Among other things, every such application shall contain the following information:

(1) The full name and address of the applicant, the nature of its organization (individual, partnership, corporation, etc.) and the name of the State under the laws of which it is organized.

(2) A statement that the applicant is a citizen of the United States as defined by section 101(13) of the Act. It is not required that the application shall contain all the evidence which the applicant is prepared to present at the hearing or otherwise in support of such statement, but the application shall at least indicate the nature and result of its investigations in that matter and the character of the evidence it will be prepared to present in support of citizenship.

(3) An adequate identification of each route for which a certificate is desired, specifying the type or types of service (mail, passengers, and property) to be

rendered on each such route, and whether or not such services are to be rendered on scheduled operations. The identification of each route shall name every terminal and intermediate point to be included in the certificate for which application is made.

(4) A map (which may be attached as an exhibit) drawn approximately to scale showing all terminal and intermediate points to be served, giving the approximate mileages between all adjacent points, and the principal over-all distances.

(5) A statement as to the type of aircraft applicant proposes to use in the new service and whether such aircraft is presently owned by the applicant.

(6) If applicant does not hold a certificate of public convenience and necessity authorizing air transportation, the name and type of business of any affiliate, subsidiary, or principal stockholder of applicant engaged in any form of transportation as a common carrier or engaged in any phase of aeronautical activity.

[ER-146, 14 F.R. 3524, June 29, 1949, as amended by ER-550, 33 F.R. 18434, Dec. 12, 1968]

Unless a certificate or the order authorizing the issuance of such certificate shall otherwise provide, there shall be attached to the exercise of the privileges granted by each certificate (other than a certificate for supplemental air transportation) authorizing an air carrier to engage in interstate or overseas air transportation pursuant to section 401 of the act such terms, conditions, and limitations as are set forth in this part, and as may from time to time be prescribed by the Board.

[ER-146, 14 F.R. 3525, June 29, 1949, as amended by ER-345, 27 F.R. 559, Jan. 19, 1962]

§ 202.2

Nonstop authorization.

Subject to the provisions of section 405(b) of the act, the holder of a certificate may inaugurate scheduled nonstop service between any two points not consecutively named in its certificate (if such certificate authorizes service between such points and does not prohibit nonstop service between them) upon the effective date of a schedule page, showing such nonstop service, filed with the Board in accordance with Part 231 of this subchapter.

[ER-146, 14 F.R. 3525, June 29, 1949, as amended by ER-345, 27 F.R. 559, Jan. 19, 1962]

§ 202.3

Airport authorization.

(a) Airport notice. An airport notice is required to be filed with the Board if the holder of a certificate desires to serve regularly a point named in such certificate, or a point which the holder is otherwise authorized to serve regularly, through an airport not then regularly used or authorized to be used by the holder to serve such point: Provided, however, That if the holder of a certificate desires to serve a point through an airport through which it already serves another point on its route, and to retain both points in its certificate, the holder is required to file with the Board an application for permission to use an airport; and such holder shall not file an airport notice. Such appli

cation shall conform in all respects to the procedure set forth in paragraphs (b) and (c) of this section and § 202.5 Airport notices and applications for permission to use an airport are not required of Alaskan air carriers, holders of certificates authorizing use of rotary wing aircraft only, and holders of certificates limited to community center service and interairport service. When an airport notice is required hereunder, the certificate holder shall file it with the Board at least 30 days prior to the proposed date of inauguration of the use of the airport. Such notice shall be conspicuously entitled Airport Notice; shall, as a minimum amount of information, describe such airport by name and, if it is not an airport already being used by an air carrier subject to the provisions of this part, state its location; shall state the date of intended inauguration of service and whether a waiver of the 30-day notice provision is requested; and shall contain a notice to the persons served that they may, within 15 days of the date the notice was filed, file and serve memoranda in support of, or in opposition to, the notice. A recommended format of Airport Notice is set forth below as Appendix A. The use of such airport may be inaugurated 30 days after the filing of such notice, unless the Board notifies the holder within said 30-day period that it appears to the Board that such use may adversely affect the public interest, in which event such use shall not thereafter be inaugurated (except as may be expressly permitted by such notification from the Board) unless and until the Board finds, upon application filed by the holder, pursuant to paragraph (b) of this section, that the public interest would not be adversely affected by such use. The Board may permit the use of an airport at any time after the filing of the airport notice whenever the circumstances warrant such action. In no event shall the provisions of this section be construed as authorizing an air carrier to receive at one airport and discharge at any other airport serving the same point passengers or property moving locally between the two airports, or passengers or property moving as part of a through journey to or from some other point which such carrier receives from, or transfers to, another air carrier at one of the two airports. This prohibition does not apply to the carriage between airports of through traffic which the air

carrier performing the interairport service receives from, or transfers to, one of its own flights.

(b) Application for permission to use an airport. (1) Where an air carrier seeks to serve a point through an airport through which it already serves another point on its route and to retain both points in its certificate, it shall file with the Board an application for permission to use an airport.

(2) Following notification by the Board that the use of an airport proposed in an airport notice filed pursuant to § 202.3(a) may adversely affect the public interest, the air carrier may file an application for permission to use such airport. An application filed pursuant to either subparagraph (1) or (2) of this section shall be conspicuously entitled "Application for Permission to Use the

Airport for Serving

." and shall set forth the information required in the airport notice as well as any other facts relied upon to establish that the proposed airport use is in the public interest, a statement of economic data or other matters which it is desired that the Board officially notice, and shall contain a notice to the persons served that they may, within 20 days of the date the application was filed, file and serve memoranda in support of, or in opposition to, the application.

(c) Service of application. A copy of each airport notice or application for permission to use an airport shall be served upon such persons as the Board may designate in a particular case, and shall be served upon the following persons in all cases:

(1) The Postmaster General, marked for the attention of the Deputy Assistant Postmaster General for Logistics, Bureau of Operations;

(2) Each scheduled air carrier which regularly renders service to or from the point intended to be served through either the currently used or proposed airport and the airport managers of said airports;

(3) The chief executives of the city (or other political subdivision) and of the State, in which are located the currently used airport, the proposed airport, and the point to be served, respectively. (If there be a state commission or agency having jurisdiction of transportation by air, notice shall be served on such commission or agency rather than on the chief executive of the State.)

66-031 0-72

(4) The Federal Aviation Administration, marked for attention of the Director of Airport Services.

(d) Automatic revocation. (1) Where a certificate holder has been authorized to serve a point regularly through two or more airports, failure to provide regularly scheduled air transportation through one of those airports for 60 days shall automatically revoke any authorization to regularly use that airport. Regular service through the airport may be resumed only upon compliance with and pursuant to the procedures set forth in paragraph (a) of this section: Provided, however, That the following shall not be included in the 60-day period: (1) Nonuse of an airport for any period in which regularly scheduled service is offered through the airport on a flag-stop basis; and (ii) periods during which a carrier has failed to regularly use an airport as a result of any of the conditions listed in § 205.8(a) of this chapter.

(2) The suspension of service to a point by a carrier for 1 year, pursuant to a provision in its certificate or pursuant to Board order or exemption, shall revoke any authorization to use an airport to serve that point. Regular service through the airport may be resumed only upon compliance with and pursuant to the procedures set forth in paragraph (a) of this section. Within 30 days after the day a carrier's airport authorization is automatically revoked by the terms of this section, the carrier shall file with the Board a notice conspicuously entitled Termination of Service Notice, setting forth, as a minimum amount of information, the name of the airport and date of cessation of regular service. A recommended format of the Termination of Service Notice is set forth as Appendix B to this part.

[ER-345, 27 F.R. 559, Jan. 19, 1962, as amended by ER-393, 28 F.R. 9287, Aug. 23, 1963; ER-505, 32 F.R. 13184, Sept. 16, 1967; ER-533, 33 F.R. 6238, Apr. 24, 1968; ER-611, 35 F.R. 7109, May 6, 1970]

§ 202.4 Service pattern change.

(a) Applicability. This section shall be applicable only to certificates which contain a condition requiring that each trip operated by the holder of the certificate between points named in the route or a segment thereof shall (subject to exceptions set forth in such certificate) serve each terminal and intermediate point.

(b) Application for change in service pattern. If at any time the holder of

such a certificate desires to establish a service pattern omitting one or more of the points served or required to be served pursuant to such condition of the certificate, the holder shall make written application to the Board for approval thereof. Such application shall be conspicuously entitled Application for Change in Service Pattern, and shall set forth the facts relied upon to establish that the proposed service pattern is in the public interest and consistent with the holder's performance of a local air transportation service. Such application shall contain a statement of matters which the applicant desires the Board to officially notice, and a detailed analysis of the anticipated effect of such authorization on the operating results of the holder, including, but not limited to, the following economic and operating data on an annual basis:

(1) Present and proposed schedules, by type of aircraft;

(2) Number of departures, planemiles, passengers and passenger-miles;

(3) Estimate of self-diversion or diversion from other carriers, if applicable;

(4) Anticipated operating revenues; (5) Estimate of impact of proposal on operating expenses, computed according to Subpart K of Part 302 of this chapter;

(6) Estimate of allowance for return on investment and taxes, computed according to Subpart K of Part 302 of this chapter; and

(7) Increase or decrease in subsidy requirements.

The application shall also contain a notice to the persons served that they may, within 20 days of the date the application was filed, file and serve memoranda in support of, or in opposition to, the application. The Board will grant such application to such extent, for such periods of time, and subject to such conditions as the Board deems proper and adequate, if it finds that such conditions and the proposed service pattern are in the public interest and consistent with the holder's performance of a local air transportation service.

(8) Increase or decrease in subsidy payments under the applicable class rate formula.

(c) Service of application. A copy of each Application for Change in Service Pattern shall be served upon such persons as the Board may designate in a particular case, and shall be served upon the following persons in all cases:

(1) The Postmaster General, marked for the attention of the Deputy Assistant Postmaster General for Logistics, Bureau of Operations;

(2) Each scheduled air carrier which regularly renders service to or from any point named on the route segment the service pattern of which the holder proposes to change;

(3) The chief executives of each point on such route segment and of each State in which are situated the points on such route segment. (If there be a State commission or agency having jurisdiction of transportation by air, notice shall be served on such commission or agency rather than the chief executive of the State.)

(4) The board, commission, manager, or other body or individual having direct supervision over and responsibility for the management of the airport being used to serve each such point.

[ER-146, 14 F.R. 3525, June 29, 1949, as amended by ER-547, 33 F.R. 18010, Dec. 4, 1968; ER-611, 35 F.R. 7109, May 6, 1970; ER666, 36 F.R. 2779, Feb. 10, 1971]

§ 202.5 Filing and service of documents; procedure thereon; petitions for reconsideration.

(a) Number of copies and certificate of service. An original and three copies of each Airport Notice and Termination of Service Notice and an original and 19 copies of each Application for Change in Service Pattern and application for permission to use an airport shall be filed with the Board, each setting forth the names and addresses of the persons required to be served and stating that service has been made on all such persons by personal service or by registered or certified mail, and the date of such service. In the case of service by mail, the date of mailing shall be considered the date of service. Each copy of a notice or application served pursuant to this part shall state that such service is made pursuant to this part.

(b) Pleadings by interested persons. Any interested person may file and serve upon the air carrier, and those persons required by §§ 202.3 and 202.4 to be served with the airport notice or application for permission to use an airport or for change in service pattern, a memorandum in opposition to, or in support of, such notice or application within 15 days of the filing of airport notices and within 20 days of the filing of an application for permission to use an airport or